FreightCar America, Inc. vs National Steel Car Limited - IPR2025-01048

Director Discretionary Decision: Deny

PETITIONER’S MOTION TO CORRECT EXHIBIT 1004 PURSUANT TO 37 CFR § 42.104(c)

Declaration of Justin Gillett

Declaration of Brandon Hernandez

2025-09-30 Email from USPTO Authorizing Petitioner to File Preliminary Reply and Motion

PETITIONER’S REPLY TO PATENT OWNER’S PRELIMINARY RESPONSE

PETITIONER’S UPDATED EXHIBIT LIST

Email Correspondence

PETITIONER’S SUR-REPLY IN OPPOSITION TO PATENT OWNER’S MOTION FOR DISCRETIONARY DENIAL

PETITIONER’S UPDATED EXHIBIT LIST

Greenbrier Completes Acquisition of Manufacturing Business of American Railcar Industries, PRNewswire, July 29, 2019, https://pressroom.gbrx.com/2019-07-29-Greenbrier-Completes- Acquisition-of-Manufacturing-Business-of-American-Railcar- Industries

Declaration of Michael Riordan

Email Correspondence

PATENT OWNER’S REPLY IN SUPPORT OF ITS REQUESTS FOR DISCRETIONARY DENIAL OF INSTITUTION

Updated Exhibit List

EX 2036 - Article, “This Company Got a $10 Million PPP Loan, Then Closed Its Plant and Moved Manufacturing Jobs to Mexico

EX 2037 - Contact Information, FreightCar America Webpage

EX 2038

EX 2039

EX 2040

EX 2041

Patent Owner's Preliminary Response

EX 2035 - Declaration of Mark Viz

PETITIONER’S OPPOSITION TO PATENT OWNER’S MOTION FOR DISCRETIONARY DENIAL

Presidential Executive Order, June 13, 2025

U.S. Steel Press Release, June 18, 2025

Rebuilding U.S. Zinc Capacity in an Era of Global Competition Center for Strategic and International Studies, by Grace Baskaran and Meredith Schwartz, Center for Strategic and International Studies, May 2025

Made in America website, https://www.madeinamerica.gov/

CN purchases iron-ore cars, enhances U.S. Steel Partnership, by Jeff Stagl, RailPrime Article, April 11, 2024

Investor Relations Presentation, The Greenbrier Companies, August 2025

Investor Day 2024 Presentation, Trinity Industries, June 25, 2024

Declaration of Michael Selapack

Pagevault capture of Partnerships - Sustainability.ussteel.com - United States Steel, https://sustainability.ussteel.com/innovation/partnerships, captured September 9, 2025

Pagevault capture of Duluth, Missabe, and Iron Range Railway records | University of Minnesota Archival Finding Aids, https://archives.lib.umn.edu/repositories/22/resources/8318, captured on September 17, 2025

Publication of a Report on the Effect of Imports of Steel on the National Security: An Investigation Conducted Under Section 232 of the Trade Expansion Act of 1962, as Amended, Department of Commerce, Bureau of Industry and Security, Federal Register, Vol. 85, No 129, July 6, 2020

Memorandum Order Granting Motion to Stay, NEC Corporation v. Peloton Interactive, Inc., 1-22-cv-00987, Dkt. 210 (D. Del. Apr. 9, 2024)

Oral Order Granting Motion to Stay, The Nielsen Co. (US), LLC v. TVision Insights, Inc., 1-22-cv-01345 Dkt. 106 (D. Del. Apr. 1, 2024)

Oral Order Granting Motion to Stay, ImmerVision, Inc. v. Apple Inc., 1-21-cv-01484 Dkt. 159 (D. Del. Oct. 17, 2023)

Oral Order Granting Motion to Stay, GAN (UK) Ltd. v. MGM Resorts Int’l, No. 1-22-cv-00361, Dkt. 88 (D. Del. Mar. 29, 2023)

Memorandum Order Granting Motion to Stay, WSOU Investments, LLC d/b/a Brazos Licensing and Development v. Netgear, Inc., 1- 21-cv-01117, Dkt. 97 (D. Del. Nov. 30, 2022)

Oral Order Granting Motion to Stay, Speyside Medical, LLC v. Medtronic CoreValve LLC, 1-20-cv-00361, Dkt. 155 (D. Del. Sept. 30, 2021)

Oral Order Granting Motion to Stay, Midwest Energy Emissions Corp. v. Arthur J. Gallagher & Co., 1-19-cv-01334, Dkt. 253 (D. Del. Dec. 10, 2020)

Oral Order Granting Motion to Stay, VLSI Tech. LLC v. Intel Corp., 1-18-cv-00966, Dkt. 615 (D. Del. May 8, 2020)

Oral Order Denying Motion to Stay, Tonal Systems, Inc. v. iFIT Inc., 1-20-cv-01197, Dkt. 188(D. Del. Feb. 9, 2023)

Sotera Stipulation

Petitioner's Updated Exhibit List

Email Correspondence

Ex. 2001

Ex. 2002

Ex. 2003

Ex. 2004

Ex. 2005

Ex. 2006

Ex. 2007 - REDACTED

Ex. 2007

Ex. 2008

Ex. 2009

Ex. 2010

Ex. 2011

Ex. 2012

Ex. 2013

Ex. 2014

Ex. 2015

Ex. 2016

Ex. 2017

Ex. 2018

Ex. 2019

Ex. 2020

Ex. 2021

Ex. 2022

Ex. 2023

Ex. 2024

Ex. 2025

Ex. 2026

Ex. 2027

Ex. 2028

Ex. 2029

Ex. 2030

Ex. 2031

Ex. 2032

Ex. 2033

PO Discretionary Denial Brief - REDACTED

PO Discretionary Denial Brief

Motion to Seal

Notice: Notice filing date accorded

Notice: Mandatory Notice

Notice: Power of Attorney

U.S. Patent No. 8,132,515 (“the ’515 Patent”)

File History of the ’515 Patent

Declaration of Mehdi Ahmadian, Ph.D.

Excerpts from 1946 Car Builders’ Cyclopedia, 17th ed. (“1946 Cyclopedia”)

U.S. Patent No. 1,321,928 (“Lindström”)

U.S. Patent No. 4,941,411 (“Wong”)

Excerpts from Lancashire & Yorkshire Wagons, Vol. II, by Noel Coates

U.S. Patent No. 992,192 (“Hart”)

Excerpts from The Car Builders’ Dictionary, 1906 Edition (“1906 Cyclopedia”

Excerpts from Car Builders’ Dictionary, 1912 (Seventh) Edition

Excerpts from Car Builders’ Cyclopedia of American Practice, Tenth Edition—

U.S. Patent No. 1,537,051 (“Campbell ’051”)

U.S. Patent No. 1,999,652 (“Campbell ’652”)

U.S. Patent No. 3,710,729 (“Schuller”)

U.S. Patent No. 4,348,962 (“Smith”)

Excerpts from COAL CARS: The First Three Hundred Years, by Martin Robert Ka

Excerpts from Modern Private Owner Wagons on British Rail, by David Ratclif

Excerpts from Private-Owner Wagons in Colour, For the Modeller and Historia

Excerpts from Wagons of the Final Years of the British Railways, By David L

Excerpts from Working Wagons, Vol. 3 1980–1984, by David Larkin, Copyright

Excerpts from Wagon Recognition, Vol. 1 Carkinds – B to W, by Martin Buck

Declaration of Sylvia Hall-Ellis

Excerpts from Private Owner Wagons, Vol. 1, by Andrew Marshall

Petition: as filed

Notice of Ranking

Notice: Power of Attorney